Venue: Siambr Hywel Dda, Council Offices, Caernarfon, Gwynedd. LL55 1SH
Contact: Lowri Haf Evans 01286 679878
No. | Item |
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APOLOGIES To receive
any apologies for absence. Minutes: None to note |
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DECLARATION OF PERSONAL INTEREST To receive
any declaration of personal interest. Minutes: No
declarations of personal interest were received from any members present. |
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URGENT ITEMS To note any
items that are a matter of urgency in the view of the Chairman for
consideration. Minutes: None to note |
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EXCLUSION OF PRESS AND PUBLIC The
Chairman shall propose that the press and public be excluded from the meeting
during the discussion on the following items due to the likely disclosure of
exempt information as defined in paragraph 12, Part 4, Schedule 12A of the
Local Government Act 1972. This paragraph should apply because the individuals
in question are entitled to privacy and there is no overriding public interest
that requires the disclosure of personal information relating to those
individuals, nor their identity. Consequently, the public interest in
maintaining the exemption outweighs the public interest in disclosing the
information. Minutes: RESOLVED to exclude the press and public from the meeting during the
discussion on the following items due to the likely disclosure of exempt
information as defined in paragraphs 12 and 13, Part 4, Schedule 12 A, of the
Local Government Act 1972. These
paragraphs applied as the individuals in question were entitled to privacy and
there was no overriding public interest that required the disclosure of
personal information relating to those individuals, nor their identities.
Consequently, the public interest in maintaining the exemption outweighed the
public interest in disclosing the information. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr A (separate
copy for sub-committee members only) Minutes: The Chair welcomed everyone to the meeting. He highlighted that the
decision would be made in accordance with Gwynedd Council's licensing policy.
It was noted that the purpose of the policy was to set guidelines for the
criteria when considering the applicant's application with the aim of
protecting the public by ensuring that: •
The person is a fit and
proper person •
The person does not pose a threat
to the public •
The public are safeguarded
from dishonest persons •
Children and young people
are protected •
Vulnerable persons are
protected •
The public have confidence
in their use of licensed vehicles. The Licensing Officer presented a written report on an application received
from Mr A for the renewal of a hackney/private hire driver's licence. The
Sub-committee was requested to consider the application in accordance with the
DBS record, and the guidelines on relevant criminal offences and convictions. The applicant's representative was invited to expand on the application and
provide information about the background of the offence and the applicant's
personal circumstances. The applicant withdrew from the room while Sub-committee members discussed
the application. RESOLVED that the applicant
was a fit and proper person to be issued with a hackney vehicle/private hire
driver's licence from Gwynedd Council. In reaching their decision, the Sub-committee considered the following: ·
The requirements of the
'Gwynedd Council Licensing Policy for Hackney Carriages and Private Hire
Vehicles' ·
the applicant's application
form ·
verbal observations
presented by the applicant during the hearing ·
the comments of his
representative / prospective employer ·
the Licensing Department's
report along with the DBS statement Specific consideration was given to the following matters The applicant received a caution from North Wales Police in
December 2012 on one charge of being in possession of extreme pornographic
images, depicting sexual intercourse or oral sex between a person and an
animal; an offence that is contrary to section 63(1)(7)(D) of the Criminal
Justice and Immigration Act 2008. It was reported that the applicant had no
other convictions or cautions. Paragraph 2.2 of the Council's Policy was considered, in which it was
stated that a person with a conviction for a serious offence need not be
automatically barred from obtaining a licence, but would normally be expected
to remain free of conviction for an appropriate period as stated in the Policy,
and to show evidence that he/she is a fit and proper person to hold a
licence. The applicant had a
responsibility to show that he/she was a fit and proper person. Paragraph
2.3 of the Policy confirmed that cautions were among the 'other matters for
consideration'. It was highlighted that part 7 of the Policy addressed sexual offences and indecency. In paragraph 7.1, it was noted that a strict stance was to be taken with applicants who had convictions for sexual offences or other related matters as licensed drivers would often transport passengers who were travelling alone and were vulnerable. It was noted that an application would usually be refused if the applicant had a ... view the full minutes text for item 5. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr B (separate
copy for sub-committee members only) Minutes: The Chair welcomed everyone to the meeting. He highlighted that the
decision would be made in accordance with Gwynedd Council's licensing
policy. It was noted that the purpose of
the policy was to set guidelines for the criteria when considering the
applicant's application with the aim of protecting the public by ensuring that: •
The person is a fit and
proper person •
The person does not pose a
threat to the public •
The public are safeguarded
from dishonest persons •
Children and young people
are protected •
Vulnerable persons are
protected •
The public have confidence
in their use of licensed vehicles. The applicant and his prospective employer were invited to expand on the
application and offer an explanation on the offences. As the applicant did not
now have the right to benefits nor pension credit, he was in need of
employment. The prospective employer confirmed that he had a 16-hour post for
the applicant and that he trusted him to complete the work, having known him
for over 50 years. The applicant and his representative withdrew from the room while the
Sub-committee members discussed the application. RESOLVED that the applicant
was a fit and proper person to be issued with a hackney vehicle/private hire
driver's licence from Gwynedd Council. In reaching their decision, the Sub-committee considered the following: ·
The requirements of the
'Gwynedd Council Licensing Policy for Hackney Carriages and Private Hire
Vehicles' ·
the applicant's application
form ·
verbal observations
presented by the applicant during the hearing ·
the comments of his
prospective employer ·
the Licensing Department's
report along with the DBS statement Specific consideration was given to the following matters. The applicant received
a conviction from North West Wales Magistrates' Court (November 2017) for a
charge of fraud as he had not reported a change in circumstances which would
have affected his right to benefits payments (February 2014). The offence was
contrary to section 111A(1A) of the Social Security Administration Act 1992,
and the applicant was fined £180.00 and ordered to pay costs of £85.00 and a
victim's surcharge of £30.00. It was highlighted that he had no further
convictions nor cautions Paragraph 2.2 of the Council's Policy was considered, in which it was
stated that a person with a conviction for a serious offence need not be
automatically barred from obtaining a licence, but would normally be expected
to remain free of conviction for an appropriate period as stated in the Policy,
and to show evidence that he/she was a fit and proper person to hold a licence. The applicant had a responsibility to show
that he/she was a fit and proper person. Paragraph 4.5 of
the Council policy was considered which stated that the Rehabilitation of
Offenders Act 1974 (Exceptions) (Amendment) Order 2002 allowed the Sub-committee
to take into account all convictions recorded against an applicant, whether
spent or otherwise under the 1974 Act. Paragraph 8.0 of the Policy, which addressed fraudulent offences, was considered. Paragraph 8.2 noted that an application would normally be refused or ... view the full minutes text for item 6. |